Majority
p. 542Main against Newson. NEW-YORK, Nov. 1808.
Headnote
l"n every case made for argument, the party who is to inen't ^ust de" liver to the posite counsel, the points he means to insist on.BALDWIN, for the plaintiff,
moved to bring on the argument of this cause, when S. Jones, jun. for the defendant, called for the points which were to be insisted on, jn the argument. Baldwin replied, that the case came be- ° . , . .. ... fore the court on a point reserved at the trial, and it did not’ therefore, come within the rule of practice requiring the party bringing on the argument, to furnish the court and opposite party with the points. .
The rule is general, and the party must , , . , deliver the points m every case, before the argument comes on. Though a single question was reserved by the judge at N. P. yet that may give rise to various and distinct points of argument.
Rule refused.